Pennsylvania work-related injuries occur in many forms. We see musculoskeletal trauma, such as a broken wrist or ankle, a herniated disc in the neck or back, or tears in the knee or shoulder, among many others. Neurological injuries also unfortunately happen, and can include Reflex Sympathetic Dystrophy (RSD)/Complex Regional Pain…
Pennsylvania Workers' Compensation Lawyer Blog
Injured Worker in PA in Scope and Course of Work Doing Unasked Favor for Employer
On our blog, we have previously discussed cases where the dispute in a case is whether an injured worker was actually engaged in his or her employment duties at the time of the injury (what we call the “scope and course” of their work). As you may have noticed, these…
Employee Injured in Pennsylvania Apparently Has No Right to Have Benefit of PA Law
As we have mentioned, workers’ compensation laws vary widely from State to State, making the selection of which workers’ compensation laws apply to a given case a critical determination. As much as there are things in PA law that benefit the workers’ comp insurance carrier, many aspects of Pennsylvania law…
PA Workers’ Compensation Insurance Carrier Entitled to Credit for Future Medical Treatment After Personal Injury Case
As noted on our website, generally, an injured worker cannot sue his or her employer for its negligence in causing a work-related injury. Additionally, unlike in a negligence case, workers’ compensation benefits do not include payment for pain and suffering. Occasionally, however, there is another party (a “third party”) that…
Fatal Claim Petition Denied Based on Causal Relationship
To win a contested workers’ compensation case in Pennsylvania, the injured worker must prove that he or she suffered an injury while in the scope and course of employment and that he or she is disabled as a result of such injury. The situation only changes moderately when the injured…
PA Workers’ Comp Case Can be Precluded by Time Limitations
In law, almost every cause of action has a “statute of limitations.” This is simply a time within which a cause of action can be brought. Typically, if a suit or action is not filed within the applicable statute of limitations, the suit or action will be dismissed. Pennsylvania workers’…
Understanding How Brain Responds to a Placebo May Allow Scientists to Improve Pain Relief for Injured Workers
A recent study from Northwestern Medicine and the Rehabilitation Institute of Chicago, published in Science Daily, relates that scientists have identified what part of a patient’s brain is triggered during a “placebo effect.” A “placebo” is a “fake medicine,” which can actually cause real pain relief. We have many injured…
No Real “Change” Needed to Show Termination; Penalty of Zero Correct for Unlawful Refusal to Pay for Surgery
When the Supreme Court of Pennsylvania decided Lewis v. Workers’ Compensation Appeal Board back in 2007, we attorneys who represent the injured worker thought things had really changed. No longer could the workers’ comp insurance carrier file Termination Petition after Termination Petition in an endless series to evade the payment…
Dismissal With or Without Prejudice Critical in PA Workers’ Comp Claim
There is an old saying in law that one only gets “one bite at the apple.” That means, basically, that you have a chance to file your claim or suit or whatever, litigate the issue and obtain a final decision. Once that is done, you can file an appeal of…
PA Employee Injured on Docked Ship Not Entitled to Pennsylvania Workers’ Compensation Benefits
As we have mentioned several times on this blog, and even discussed on our website, most employees in Pennsylvania are covered under the Pennsylvania Workers’ Compensation Act. However, different groups of employees fall outside this coverage for various reasons. One of those groups, employees who work in maritime industry, was…